Punishment For Gross Vehicular Manslaughter in Orange County (PC 191.5)

Punishment For Gross Vehicular Manslaughter in Orange County (PC 191.5) Under California Penal Code section 191.5, gross vehicular manslaughter  is the unlawful killing of a human being resulting from driving while intoxicated without premeditation or malice aforethought. This crime is always charged as a felony and the punishment is severe. If you or a loved one is facing allegations of gross vehicular manslaughter in Orange County it is imperative that…

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Can I Record a Conversation With Another Person Without Their Consent in California? (PC 632)

Can I Record a Conversation With Another Person Without Their Consent in California? (PC 632) The answer is NO in most circumstances. Under Penal Code Section 632, enacted under the California Invasion of Privacy Act, makes it illegal for an individual to monitor or record a "confidential communication" whether the communication is carried on among the parties in the presence of one another or by means of a telegraph, telephone,…

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Wallin & Klarich Can Help Get Your Name Removed From The Megan’s Law Website (CPC 290.46)

Wallin & Klarich Can Help Get Your Name Removed From The Megan’s Law Website (CPC 290.46) California Penal Code Section 290.46, known as Megan’s Law, requires the California Department of Justice to maintain an internet website that posts information about California registered sex offenders. This website allows the public to easily access information about you if you are a registered sex offender including your name, home address, the sex crime…

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Can I Face Charges Of Negligent Discharge Of A Firearm By Firing My Handgun Into The Sky?

Can I Face Charges Of Negligent Discharge Of A Firearm By Firing My Handgun Into The Sky? The answer is yes. In fact law enforcement all over Southern California is on high alert for this weekend because of so many such incidents in recent years. The fear is that falling ammunition can seriously injure or kill people because of the velocity of the spent rounds. Penal Code 246.3 PC, California's…

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Federal Courts Cannot Restrict A Convicted Sex Offender From Seeing His Own Children

Federal Courts Cannot Restrict A Convicted Sex Offender From Seeing His Own Children Neither the Court nor Probation can prohibit you from access to your own children without justified reason to do so.  In this day and age, Courts and Probation officers bend over backwards to restrict convicted sex offenders from being around children – any children – even their own; regardless of whether the underlying conviction or crime had…

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What is the Watson Murder rule?

What is the Watson Murder rule? In California, if you have been convicted of a DUI in the past and then caused the death of another person in a subsequent DUI-related incident then you can be charged with murder and face a minimum of 15 years to life in prison. This situation is known as a “Watson Murder,” originated with the case of People v. Watson, where a defendant had…

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How Much of Your Jail Sentence will You Really do in Los Angeles County Jail?

How Much of Your Jail Sentence will You Really do in Los Angeles County Jail? There is a tremendous overcrowding problem at the Los Angeles County Jail, and our Wallin & Klarich criminal attorneys in Los Angeles have taken a different approach to the handling of crime cases pending in the county. This problem has been caused by a major change in the laws which changed the penalty for many…

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Trial Underway in DUI Gross Vehicular Manslaughter Case CA Penal Code 191.5

Trial Underway in DUI Gross Vehicular Manslaughter Case CA Penal Code 191.5 The trial has begun over the death of a California Highway Patrol officer at the hands of an alleged intoxicated driver in 2010. Rafael Garcia, age 20, is charged with gross vehicular manslaughter while intoxicated with marijuana, but claims he simply fell asleep. What is not in dispute in the case is that Garcia struck and killed 28-year-old…

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Are California's Public Defender's Offices too Overwhelmed to Provide Adequate Legal Representation?

Are California's Public Defender's Offices too Overwhelmed to Provide Adequate Legal Representation? The reality is that due to current economic times the public defenders offices are overflowing with cases. Only a very small percentage of those accused can afford to retain a lawyer. The public defenders caseloads have gone through the roof in most counties over the last few years. To compound the problem, most public defenders offices have not…

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How a DUI related traffic fatality can lead to a 2nd Degree Murder Charge in Riverside County

How a DUI related traffic fatality can lead to a 2nd Degree Murder Charge in Riverside County It’s something you read in the paper all the time- “Traffic Fatality in Riverside, Driver Arrested Under Suspicion of Driving Under the Influence”. Since the death of Angels pitcher Nick Adenhart and the very public trial that followed his being killed by a drunk driver, this issue comes up again and again in…

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